Copyright, publishing contract, rights of use, intrinsic characteristics of the “second-level” type of the work, Order no. 18726 of 13-19 / 07/2018, First Supreme Court Court of Cassation

Applicability of the art. 119, paragraph 4, of the l. n. 633 of 1941

The Sec. 1, has affirmed that to the publishing contract concerning the translation of an original work the art. 119, paragraph 4, of the l. n. 633 of 1941 which, in regulating the scope of the transfer of the rights of use due to the author, excludes that it includes, unless expressly agreed, the rights of use dependent on any processing and transformation of which the work is susceptible and whose evaluation , in this case, it can not fail to take into account the intrinsic characteristics of the “second level” type of the work and the very close relationship that binds it to the original from which changes, also as a result of new documentary, scientific, philological and / or criticism or other, can be strongly engraved.

Source Supreme Court of Cassation